Terms Of Service

Terms Of Service in PLAIN English

Anti-Spam Policy & Terms of Use

If you’re taking the time to read this, you’re probably not a spammer. But legitimate email marketers get accused of spamming all the time, and we’ve had to shut down accounts for accidentally spamming. So let’s prevent all that. If you use Imnica Mail, you must read, understand, and agree to the following terms.

How Imnica Mail Defines Spam

When you send an email to someone you don’t know (such as to the president of a company you’d like to become your client), that’s an “unsolicited” email. Sending one unsolicited message to someone is obviously not spam. That’s “doing business.”

But when you send an unsolicited email to an entire list of people you don’t know, that’s spam.

Permission Lists Only

You can only use Imnica Mail to send emails to lists of people that gave you permission to email them. If you send emails to a list, and you get an unusual amount of spam complaints (more than 1 out of 1,000), ISPs will begin blocking future emails from your company. They will also request (that’s putting it mildly) that Imnica Mail shut down your account. So if you don’t have proof that each recipient on your list opted-in for your emails, don’t import them into Imnica Mail.

  • No purchased lists (no matter how expensive).
  • No rented lists (even if they “opted in”).
  • No 3rd party lists whatsoever.

You should only use Imnica Mail to send newsletters, updates, and promotions to your own customers, or to people who specifically requested email marketing from you.

We’re In This Thing Together

We do what we can to keep our system clean, but you agree to pitch in too. Here’s how:

  • Sending your first campaign to an old list? Many recipients won’t remember you, and will report you for spamming. Do everything in your power to remind them of who you are, and how they got on your list.
  • Clean your customer list before you import. Take out any addresses older than 6 months. Bad addresses lead to bouncebacks. Too many bouncebacks, and ISPs block Imnica Mail (and you). We’ll shut your account down if you import an old list that gets too many bounces.
  • Don’t just import your entire Outlook Address Book. Export them into a spreadsheet, then take some time to clean out bad addresses (like Sales@Amazon, or Support@Comcast). If you import even one address by mistake, that person can get you blacklisted and shut down.
  • Importing from a CRM? Break it into separate segments or interest groups so you can send relevant content to your customers (“We met at a tradeshow, You bought xyz from us in the past, You are a client of…” etc). Don’t just mix a bunch of different lists together and send one “blast” to all of them.
  • Sending on behalf of a client? Educate your client about responsible email marketing. They’re depending on you to be the expert.

CRM, Salesforce, and API imported lists

CRM tools are great for maintaining relationships with prospects and leads, then converting them into paying customers. Or just nurturing your customer relationships. But CRM tools are built for one-to-one communication. Email marketing tools like Imnica Mail are built for one-to-many communication. They are not the same. Spam laws apply when you do one-to-many email marketing.

Before importing any list into Imnica Mail from your CRM or any other database you maintain, understand our permission-lists-only rules. Remove any prospects or leads who did not explicitly request email marketing from you. If you’re sending email marketing to customers that you have an established business relationship with, treat them with respect, and allow them to opt-out of your marketing list (you may need to turn that feature ON in your CRM tool). The simple fact that a recipient is “in my CRM” is not the same as “they gave us permission to send them email marketing.”

Prohibited Content and Industries

Don’t use Imnica Mail to send anything offensive, to promote anything illegal, or to harrass anyone.

  • In general, don’t send anything you’d be ashamed to show your mother.
  • No Pornography
  • No campaigns selling illegal substances
  • No campaigns that violate the FTC’s CAN-SPAM Law

Also, there are some industries that send certain types of content that result in higher than normal bounce rates and abuse complaints, which in turn jeopardizes the deliverability of our entire system. No offense intended, but because we must ensure the highest delivery rates possible for all our customers, we do not allow businesses that offer these types of services, products, or content:

  • Illegal goods or services
  • Escort and dating services
  • Pharmaceutical products
  • Get-rich-quick schemes
  • Gambling services or products

Generally speaking, if you’re in an industry that is frequently associated with spam, you know who you are (it’s probably why you’re reading this far, right?). We make no judgments about your line of business, but we cannot afford to risk our deliverability. In fact, most ESPs like Imnica Mail will not be able to help you. You will most likely need to look into setting up your own mail servers. The term to search on is “email delivery server.” There are many industrial strength MTAs to choose from with built-in delivery and reporting tools for high-volume senders.

Who Can Use Imnica Mail

If you do not meet these eligibility requirements, you may not use the Imnica Mail service:

  1. You must be at least 18 years of age to use Imnica Mail, and can form legally binding contracts under applicable law.
  2. You must complete the registration process and agree to our terms of use in order to use Imnica Mail. All contact information you submit must be true, complete, and up to date.
  3. Imnica Mail reserves the right to refuse service or to terminate accounts for any user, and to change eligibility requirements at any time, in its sole discretion

Bandwidth Abuse: Image hosting, API, Tracking

It takes a lot to make Imnica Mail angry. Bandwidth abuse is one of those things we have little tolerance for, so don’t use our bandwidth for anything other than your Imnica Mail email marketing.

  • Unlike some other email marketing services, we provide image hosting for your email campaigns totally free. This doesn’t mean you can host images on our servers for other uses, like your website. If we detect that you’re using our hosting services for anything other than your email campaigns, we will delete the image. Depending on your intent, we may even replace the image with something you don’t want to see.
  • Don’t build a campaign in Imnica Mail with tracking, then send it using some other delivery tool. Yeah, we can see when that happens, and it’s rude. We’ll shut your account down, replace all images in your campaign, and redirect all hyperlinks to point somewhere else. You may or may not find the replacement image that we use enjoyable.
  • If you integrate with Imnica Mail using our API, don’t be dumb with your programming, and make too many requests in too short a period. We reserve the right to throttle your API connections, and in extreme cases, outright block you from Imnica Mail.

Fees, Refunds, Account Suspensions, Etc.

  1. We don’t provide refunds for unused email credits or monthly subscriptions (even/especially if we had to shut down your account for violating these terms).
  2. Imnica Mail reserves the right to (reasonably) change our fees at any time. We will send email notifications to users if and when we do.
  3. If a user violates any of the terms outlined above, we reserve the right to cancel accounts, or bar access to accounts, without refund.
  4. If, for some reason, we are unable to process your credit card order, we will attempt to contact you by email and we will suspend usage of your account until your payment can be processed.
  5. You agree to pay for all emails you send from your account, even if messages are blocked by any third party (we have no control over your recipients’ email servers, ISP availability, personal spam filter settings, etc)
  6. For pay-as-you-go (prepaid) accounts, your email credits “roll over” and do not expire. However, if you do not log in to your account at least once in the last 12 months, your account (including all campaigns, lists, and other data) may be deleted permanently from our system. No, we’re not evil. This policy is more about keeping our database clean and efficient than making you buy email credits.

Indemnification

You Agree To Indemnify And Hold Imnica Mail, Its Parents, Subsidiaries, Affiliates, Officers, Partners And Employees, Harmless From Any Claim Or Demand, Including Reasonable Attorneys’ Fees, Made By Any Third Party Due To Or Arising Out Of Your Use Of The Service, Use Of Your Account By Any Third Party, The Violation Of The Terms Of Use By You, Or The Infringement By You, Or Any Third Party Using Your Account, Of Any Intellectual Property Or Other Right Of Any Person Or Entity.

Disclaimer

The Imnica Mail Site And Its Contents Are Provided “As Is” And “As Available” Without Any Warranty Or Representations Of Any Kind, Whether Expressed Or Implied. Imnica Mail Is A Distributor And Not A Publisher Of The Content Supplied By Third Parties And Users Of The Site; As Such, Imnica Mail Exercises No Editorial Control Over Such Content And Makes No Warranty Or Representation As To The Accuracy, Reliability Or Currency Of Any Information, Content, Service Or Merchandise Provided Through Or Accessible Via The Site. Without Limiting The Foregoing, Imnica Mail Specifically Disclaims All Warranties And Representations As The Publisher Of Any Content Transmitted On Or In Connection With The Site Or On Sites That May Appear As Links On The Site, Or As The Manufacturer Of The Products Provided As A Part Of, Or Otherwise In Connection With, The Site, Including Without Limitation Any Warranties Of Merchantability, Fitness For A Particular Purpose Or Noninfringement Of Third Party Rights. No Oral Advice Or Written Information Given By Imnica Mail Nor Any Of Its Affiliates, Employees, Officers, Directors, Agents, Or The Like Shall Create A Warranty. Price And Availability Information Is Subject To Change Without Notice.